The patent process can be frustrating and often involves a
significant investment of time and money. As such, it may be
tempting to assume that when the Patent Office issues a patent it
is safe to assert your rights therein. However, according to a
recent decision from the District Court for the District of
Delaware, doing so may leave you on the hook for attorney's
fees.
On March 23, 2018, Finnavations LLC ("Plaintiff")
filed suit against Payoneer, Inc., and Stitch Labs, Inc.,
("Defendants") alleging infringement of U.S. Patent No.
9,569,755 ('755 Patent). Shortly thereafter, Defendants filed
Motions to Dismiss for Failure to State a Claim. The motions were
granted on November 26, 2018, based upon a finding that the
'755 Patent was directed to an abstract idea, and therefore
patent ineligible. Following the dismissal, Defendants filed
Motions for Exceptional Case and Attorneys' Fees, which were
recently granted on March 18, 2019.
